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91_SB0644enr SB644 Enrolled LRB9104253RCcd 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 5-4-3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Section 5-4-3 as follows: 7 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) 8 Sec. 5-4-3. Persons convicted of, or found delinquent 9 for, qualifyingsexualoffenses or institutionalized as 10 sexually dangerous; blood specimens; genetic marker groups. 11 (a) Any person convicted of, found guilty under the 12 Juvenile Court Act of 1987delinquentfor, or who received a 13 disposition of court supervision for, a qualifyingsexual14 offense or attempt of a qualifyingsexualoffense, or 15 institutionalized as a sexually dangerous person under the 16 Sexually Dangerous Persons Act, or committed as a sexually 17 violent person under the Sexually Violent Persons Commitment 18 Act shall, regardless of the sentence or disposition imposed, 19 be required to submit specimens of blood to the Illinois 20 Department of State Police in accordance with the provisions 21 of this Section, provided such person is: 22 (1) convicted of a qualifyingsexualoffense or 23 attempt of a qualifyingsexualoffense on or after the 24 effective date of this amendatory Act of 1989, and 25 sentenced to a term of imprisonment, periodic 26 imprisonment, fine, probation, conditional discharge or 27 any other form of sentence, or given a disposition of 28 court supervision for the offense, or 29 (1.5) found guilty or given supervisiondelinquent30 under the Juvenile Court Act of 1987 for a qualifying 31sexualoffense or attempt of a qualifyingsexualoffense SB644 Enrolled -2- LRB9104253RCcd 1 on or after the effective date of this amendatory Act of 2 1996, or 3 (2) ordered institutionalized as a sexually 4 dangerous person on or after the effective date of this 5 amendatory Act of 1989, or 6 (3) convicted of a qualifyingsexualoffense or 7 attempt of a qualifyingsexualoffense before the 8 effective date of this amendatory Act of 1989 and is 9 presently confined as a result of such conviction in any 10 State correctional facility or county jail or is 11 presently serving a sentence of probation, conditional 12 discharge or periodic imprisonment as a result of such 13 conviction, or 14 (4) presently institutionalized as a sexually 15 dangerous person or presently institutionalized as a 16 person found guilty but mentally ill of a sexual offense 17 or attempt to commit a sexual offense; or 18 (4.5) ordered committed as a sexually violent 19 person on or after the effective date of the Sexually 20 Violent Persons Commitment Act; or 21 (5) seeking transfer to or residency in Illinois 22 under Sections 3-3-11 through 3-3-11.5 of the Unified 23 Code of Corrections (Interstate Compact for the 24 Supervision of Parolees and Probationers) or the 25 Interstate Agreements on Sexually Dangerous Persons Act. 26 (a-5) Any person who was otherwise convicted of or 27 received a disposition of court supervision for any other 28 offense under the Criminal Code of 1961 or any offense 29 classified as a felony under Illinois law or who was found 30 guilty or given supervision for such a violation under the 31 Juvenile Court Act of 1987, may, regardless of the sentence 32 imposed, be required by an order of the court to submit 33 specimens of blood to the Illinois Department of State Police 34 in accordance with the provisions of this Section. SB644 Enrolled -3- LRB9104253RCcd 1 (b) Any person required by paragraphs (a)(1), (a)(1.5), 2and(a)(2), and (a-5) to provide specimens of blood shall 3 provide specimens of blood within 45 days after sentencing or 4 disposition at a collection site designated by the Illinois 5 Department of State Police. 6 (c) Any person required by paragraphs (a)(3),and(a)(4) 7 , and (a)(4.5) to provide specimens of blood shall be 8 required to provide such samples prior to final discharge, 9 parole, or release at a collection site designated by the 10 Illinois Department of State Police. 11 (c-5) Any person required by paragraph (a)(5) to provide 12 specimens of blood shall, where feasible, be required to 13 provide the specimens before being accepted for conditioned 14 residency in Illinois under the interstate compact or 15 agreement, but no later than 45 days after arrival in this 16 State. 17 (d) The Illinois Department of State Police shall 18 provide all equipment and instructions necessary for the 19 collection of blood samples. The collection of samples shall 20 be performed in a medically approved manner. Only a 21 physician authorized to practice medicine, a registered nurse 22 or other qualified person trained in venipunctureapproved by23the Illinois Department of Public Healthmay withdraw blood 24 for the purposes of this Act. The samples shall thereafter 25 be forwarded to the Illinois Department of State Police, 26 Division of Forensic Services, for analysis and categorizing 27 into genetic marker groupings. 28 (e) The genetic marker groupings shall be maintained by 29 the Illinois Department of State Police, Division of Forensic 30 Services. 31 (f) The genetic marker grouping analysis information 32 obtained pursuant to this Act shall be confidential and shall 33 be released only to peace officers of the United States, of 34 other states or territories, of the insular possessions of SB644 Enrolled -4- LRB9104253RCcd 1 the United States, of foreign countries duly authorized to 2 receive the same, to all peace officers of the State of 3 Illinois and to all prosecutorial agencies. Notwithstanding 4 any other statutory provision to the contrary, all 5 information obtained under this Section shall be maintained 6 in a single State data base, which may be uploaded into a 7 national database, and may not be subject to expungement. 8 (g) For the purposes of this Section, "qualifyingsexual9offense" means any of the following: 10 (1) Any violation or inchoate violation of Section 11Sections11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 12 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 13 12-16, or 12-33 of the Criminal Code of 1961, or 14 (1.1) Any violation or inchoate violation of 15 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 16 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 17 committed on or after July 1, 2001, or 18 (2) Any former statute of this State which defined 19 a felony sexual offense, or 20 (3) Any violation of paragraph (10) of subsection 21 (b) of Section 10-5 of the Criminal Code of 1961 when the 22 sentencing court, upon a motion by the State's Attorney 23 or Attorney General, makes a finding that the child 24 luring involved an intent to commit sexual penetration or 25 sexual conduct as defined in Section 12-12 of the 26 Criminal Code of 1961. 27 (g-5) The Department of State Police is not required to 28 accept or process blood specimens from individuals convicted 29 of any offense listed in paragraph (1.1) of subsection (g), 30 until acquisition of the resources necessary to process such 31 blood specimens, or until July 1, 2003, whichever is earlier. 32 Upon acquisition of necessary resources, including an 33 appropriation for the purpose of implementing this amendatory 34 Act of the 91st General Assembly, but no later than July 1, SB644 Enrolled -5- LRB9104253RCcd 1 2003, the Department of State Police shall notify the 2 Department of Corrections, the Administrative Office of the 3 Illinois Courts, and any other entity deemed appropriate by 4 the Department of State Police, that the Department is 5 prepared to receive and process blood specimens from 6 individuals convicted of offenses enumerated in paragraph 7 (1.1) of subsection (g). 8 (h) The Illinois Department of State Police shall be the 9 State central repository for all genetic marker grouping 10 analysis information obtained pursuant to this Act. The 11 Illinois Department of State Police may promulgate rules for 12 the form and manner of the collection of blood samples and 13 other procedures for the operation of this Act. The 14 provisions of the Administrative Review Law shall apply to 15 all actions taken under the rules so promulgated. 16 (i) A person required to provide a blood specimen shall 17 cooperate with the collection of the specimen and any 18 deliberate act by that person intended to impede, delay or 19 stop the collection of the blood specimen is a Class A 20 misdemeanor. 21 (j) Any person required by subsection (a) to submit 22 specimens of blood to the Illinois Department of State Police 23 for analysis and categorization into genetic marker grouping, 24 in addition to any other disposition, penalty, or fine 25 imposed, shall pay an analysis fee of $500. Upon verified 26 petition of the person, the court may suspend payment of all 27 or part of the fee if it finds that the person does not have 28 the ability to pay the fee. 29 (k) All analysis and categorization fees provided for by 30 subsection (j) shall be regulated as follows: 31 (1) The State Offender DNA Identification System 32 Fund is hereby created as a special fund in the State 33 Treasury. 34 (2) All fees shall be collected by the clerk of the SB644 Enrolled -6- LRB9104253RCcd 1 court and forwarded to the State Offender DNA 2 Identification System Fund for deposit. The clerk of the 3 circuit court may retain the amount of $10 from each 4 collected analysis fee to offset administrative costs 5 incurred in carrying out the clerk's responsibilities 6 under this Section. 7 (3) Fees deposited into the State Offender DNA 8 Identification System Fund shall be used by Illinois 9 State Police crime laboratories as designated by the 10 Director of State Police. These funds shall be in 11 addition to any allocations made pursuant to existing 12 laws and shall be designated for the exclusive use of 13 State crime laboratories. These uses may include, but 14 are not limited to, the following: 15 (A) Costs incurred in providing analysis and 16 genetic marker categorization as required by 17 subsection (d). 18 (B) Costs incurred in maintaining genetic 19 marker groupings as required by subsection (e). 20 (C) Costs incurred in the purchase and 21 maintenance of equipment for use in performing 22 analyses. 23 (D) Costs incurred in continuing research and 24 development of new techniques for analysis and 25 genetic marker categorization. 26 (E) Costs incurred in continuing education, 27 training, and professional development of forensic 28 scientists regularly employed by these laboratories. 29 (1) The failure of a person to provide a specimen, 30 or of any person or agency to collect a specimen, within 31 the 45 day period shall in no way alter the obligation of 32 the person to submit such specimen, or the authority of 33 the Illinois Department of State Police or persons 34 designated by the Department to collect the specimen, or SB644 Enrolled -7- LRB9104253RCcd 1 the authority of the Illinois Department of State Police 2 to accept, analyze and maintain the specimen or to 3 maintain or upload results of genetic marker grouping 4 analysis information into a State or national database. 5 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95; 6 89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff. 7 1-1-98; 90-130, eff. 1-1-98; 90-655, eff. 7-30-98, 90-793, 8 eff. 8-14-98.) 9 Section 99. Effective date. This Act takes effect on 10 January 1, 2000.